Allahabad High Court
Ankur Goel @ Meenu vs Sandeep Goel on 8 November, 2024
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:175698-DB
Court No. - 39
Case :- FIRST APPEAL No. - 764 of 2018
Appellant :- Ankur Goel @ Meenu
Respondent :- Sandeep Goel
Counsel for Appellant :- Rajeshwar Prasad Sinha
Counsel for Respondent :- Pankaj Agarwal
Hon'ble Saumitra Dayal Singh,J.
Hon'ble Donadi Ramesh,J.
1. Heard Shri Rajeshwar Prasad Sinha, learned counsel for the petitioner and Shri Pankaj Agrawal, learned counsel for the respondent.
2. The present appeal has been filed against the judgment and order dated 10.10.2018 passed by Additional Judge/ Fast Track Court IInd, Family Court, Saharanpur in Matrimonial Petition No.387 of 2016 (Sandeep Goel Vs. Smt. Ankur Goel @ Meenu) filed under Section 13 of the Hindu Marriage Act.
3. On 24.07.2024, the following order was passed:-
"1. Pursuant to the last order, the parties are present in Court along with their daughter. We have interacted with them collectively and also individually in the presence of their lawyers.
2. Today, terms of the settlement have been broadly reached. Thus, two options have been made available by the respondent. First, he has proposed to dispose of the house property in which the appellant is residing with her daughter against which he has offered to pay Rs. 30,00,000/- by way of final settlement. By way of second proposal, it has been proposed that the said house property may continue to be enjoyed by the appellant with exclusive living rights. In that case, the respondent would continue to repay the loan of the said property besides providing for the education of his daughter and continue to pay minimum Rs. 10,000/- per month towards household expenses to the appellant.
3. Upon such offer being made, at present, the appellant has expressed her willingness to accept the first proposal.
4. However, we give the parties time till tomorrow to file their appropriate affidavits with respect to the two offers noted above.
5. Put up tomorrow i.e. 25.7.2024."
4. Thereafter, on 25.07.2024, following order was passed:-
"1. Heard Sri Rajeshwar Prasad Sinha, learned counsel for the petitioner and Sri Manish Goyal, learned Senior Counsel assisted by Sri Pankaj Agarwal, learned counsel for the respondent.
2. Pursuant to the proceedings held yesterday, both parties have filed their individual affidavits agreeing to the compromise on the following terms:-
(i) Appellant would withdraw from the present appeal subject to the respondent paying Rs.30,00,000/- to her by way of permanent alimony.
(ii) To allow for that payment to be made, appellant would not raise any objection and not create any hindrance in the sale of house property namely House No.AV 20, Anand Vihar, Near Pant Vihar, Saharanpur, by the respondent. There is no dispute that the said house property stands in the name of the respondent alone.
iii) Respondent undertakes to ensure that the said house property is sold within a period of three months. In that regard, appellant would vacate the same not later than 31.10.2024. Over and above amount thus paid by the respondent, on the suggestion of the Court, respondent will provide for completion of education of his daughter who is presently pursuing her MBA course at a University at Dehradun, Uttarakhand.
3. Accordingly, put up on 08.11.2024. On that date, respondent shall produce a demand draft drawn in favour of the appellant for payment of Rs.30,00,000/-. Respondent is not required to remain present in Court on the next date subject to compliance of this order.
4. It is further expected that possession of the house would have been handed over to the respondent in the meanwhile."
5. Learned counsel for the respondent has filed personal affidavit of the respondent. Paragraph Nos. 3, 4, 5, 6 and 7 read as below:-
"3. That in compliance of the order dated 25.07.2024, deponent had prepared a draft bearing No.090003 of Punjab National Bank for a sum of Rs.30 lacs in favour of appellant Ankur Goyal. A photocopy of Draft bearing No.090003 of Punjab National Bank in favour of appellant is being annexed herewith and marked as Annexure-1 to the instant affidavit.
4. That preparing the aforesaid draft deponent was constrained to took a loan of the aforesaid amount which is evident from the account statement of the deponent. A true copy of the account statement of deponent is being annexed herewith and marked as Annexure-2 to the instant affidavit.
5. That though deponent was required to dispose of the residential house which is in his name in which appellant was residing. However, though appellant vacated the said house but on account of certain difficulties the same could not be disposed of and deponent was compelled to take loan for the aforesaid amount to be paid to the appellant.
6. That deponent further deposited the fees for the period 2024-25 of his daughter who is pursuing her studies and as on date up till March 2025 the fees of daughter of the deponent stands deposited and deponent further undertake to pay the remaining fee which accrue during her studies.
7. That in the facts and circumstances narrated herein above, the instant affidavit may be taken on record which is in compliance of the order dated 25.07.2024 passed by this Hon'ble Court in the instant appeal; or such other and further order be passed as is expedient in the interest of justice."
6. Parties have abided by the agreed terms. Also, demand draft for Rs.30 lakhs bearing No.090003 drawn in favour of the present appellant on Punjab National Bank dated 06.11.2024 has been handed over to learned counsel for the appellant for further communication and encashment by the appellant.
7. In view of the above, learned counsel for the appellant further states that appeal may be disposed of. The dissolution of marriage between the parties is confirmed against payment of Rs.30 lakhs towards permanent alimony paid through demand draft as noted above. No further amount may be claimed by the appellant towards alimony or maintenance, stridhan etc.
8. Accordingly, the present appeal is partly allowed.
Order Date :- 8.11.2024
A Gautam
(Donadi Ramesh,J.) (S.D. Singh,J.)
